No trademark protection for misleading marks

A first issue arises from the question how far designations like "Swiss" and "Switzerland" may be used in trademarks, which as such constitute defense rights against third parties. The Swiss Trademark Law excludes marks from protection which may mislead in business, including also false and deceptive designations about the geographical origin.

However, should the consumers, because of the information gathererd from the mark, expect that the product originates from a certain country or geographical area, it suffices for the elimination of the deception (according to the code of practice of the office), to formulate the Lists of Goods and Services in a way that only a product from the according area is meant.